Client Services / Antitrust & Competition / Trade Associations

Trade Associations

MEMBERSHIP, OPERATION & GOVERNANCE
McDermott Will & Emery counsels associations about the legal implications of their policies, activities and organizational structure with the goal of encouraging association growth and improving operations. In this role, our lawyers prepare corporate documents, and advise on concerns relevant to association finances, dues structures, membership criteria and member programs. We also assist associations in considering and implementing all aspects of forming subsidiaries or association-related foundations.

McDermott Will & Emery lawyers have experience in counseling membership associations on the state and federal regulations applicable to member benefits programs, including insurance and sales and marketing regulations. Recognizing that the lifeblood of any association is its membership services, we review membership publications, brochures and advertisements for association-sponsored or endorsed products with an eye toward ensuring legal compliance without compromising effectiveness. We have significant experience in preparing and negotiating contracts and related documentation necessary to implement member benefit programs.

INTELLECTUAL PROPERTY MEDIA & TECHNOLOGY
McDermott, Will & Emery's Intellectual Property Media & Technology Group is one of the country's largest groups of  lawyers dedicated full time to providing comprehensive legal services in every aspect of intellectual property law.

An association's name recognition, as well as its innovations and intellectual products and services, arguably are its most valuable assets. Our lawyers counsel associations regarding patent, trademark, trade name, trade dress, copyright, trade secret, entertainment and computer law issues, including software, internet and Year 2000 issues. The practice includes client counseling, licensing, identifying the client's intellectual property rights, evaluating the worth of these rights and aiding clients in obtaining all possible forms of protection for those rights. In addition, our lawyers aggressively enforce and defend intellectual property rights world-wide. When, as a last resort, litigation becomes the only way for resolving disputes over intellectual property, our litigators in the Group pride themselves on providing aggressive and thorough representation in a cost-effective manner. Our lawyers practice in federal district courts throughout the United States, before the U.S. Patent and Trademark Office and in the U.S. Court of Appeals for the Federal Circuit.

FEDERAL TAX ASPECTS OF ASSOCIATION ACTIVITIES

TAX-EXEMPT ORGANIZATIONS
McDermott Will & Emery was founded in 1934 as a tax firm. Today we are recognized as the largest tax practice in the United States. The Tax-Exempt Organizations practice group combines the efforts and expertise of the Employee Benefits, State and Local Tax, Tax Litigation and other tax practice groups to provide the highest quality, cost-effective service to our association clients. Our federal income tax counseling and planning services deal with all organizational and operational aspects of obtaining and maintaining tax-exemption and planning for appropriate taxation of unrelated trade or business activities. McDermott Will & Emery also assists associations in their response to tax audits and examinations, including providing advice on strategies for the defense of audits, dealing with examination agents, obtaining technical advice from the National Office and representing clients thorough the administrative appeal process.

Our Legislative practice group offers effective representation to influence legislation, regulations and rulings impacting associations. For example, recent Legislative practice group projects have included obtaining tax-exempt status for mortgage income for merged agricultural credit associations and legislation relating to corporate sponsorship of charitable events for a professional sporting association and a major charity.

POLITICAL ACTION COMMITTEES
The Washington office of McDermott Will & Emery represents trade associations and other tax-exempt organizations in the areas of political fundraising and contribution laws, both federal and state, and ethics matters involving the Congress and the Executive Branch of Government. Our work in this area involves virtually all aspects of federal election law, including the establishment and management of political action committees, and political fundraising. We represent clients before the Federal Election Commission (FEC) in seeking particular advice on a federal election matter or in the course of an FEC investigation. For example, we represented a national trade association in the major FEC compliance matter over a period of several years that was resolved without the imposition of any penalties.

Clients also turn to us on a regular basis for advice on the ethics and gift rules governing invitations to Members of Congress and Congressional staff for travel and participation in association-sponsored official and non-official events.

ANTITRUST
McDermott Will & Emery counsels over 100 trade and professional associations with respect to the antitrust implications of a wide range of their activities, including statistical programs; membership criteria and restrictions; codes of ethics; standards and certification programs; credentialing and accreditation activities; access to trade shows and promotional programs; lobbying of government entities; and issues of self-regulation. Where appropriate, McDermott Will & Emery prepares and reviews documentation of antitrust compliance.

McDermott Will & Emery's objective is to provide its association clients with the greatest operating flexibility possible, typically by assuring that simple, but appropriate, compliance procedures are in place. Implementation of basic systems and procedures can substantially reduce the risk of antitrust exposure to associations. McDermott Will & Emery also assists in creating and maintaining adequate controls on members who are acting on the association's behalf.

LITIGATION
McDermott Will & Emery represents many associations in a wide variety of litigation matters. We have extensive experience representing associations in federal agency rulemaking proceedings, including challenging agency rules that are arbitrary and capricious or contrary to an agency's statutory jurisdiction. In addition, McDermott Will & Emery regularly represents associations that participate in judicial and agency proceedings as amicus curiae.

POSTAL SERVICE ISSUES
McDermott Will & Emery offers counseling, regulatory compliance and litigation services to association clients concerning obtaining and maintaining eligibility for nonprofit postal rates. We have assisted associations in ensuring compliance with nonprofit eligibility statutes and regulations, including reviewing proposed association mailings, monitoring changes in eligibility requirements and drafting proposed language for postal publications explaining a new application of eligibility requirements. We also have represented associations in administrative and federal court appeals of postage deficiency assessments by the United State Postal Service.

EMPLOYMENT ISSUES
McDermott Will and Emery's lawers have a broad range of experience in labor and employment matters specific to non-profit organizations and trade associations.

In the transactional arena, we have negotiated and drafted employment contracts, separation agreements, severance packages and releases. We have provided assistance in drafting and implementation of employee policy and procedure programs, including programs addressing modern day intellectual property concerns, electronic mail and internet issues. We have also drafted, negotiated and enforced restrictive employment covenants, including non-compete, non-solicitation and confidentiality provisions.

We have extensive experience counseling associations on a wide range of compliance issues arising under Federal and state statutory requirements, including obligations under the Americans With Disabilities Act, Title VII of the Civil Rights Act, Family Medical Leave Act, and Fair Labor Standards Act. We customarily provide counseling to associations on work place safety, pregnancy discrimination, sexual harassment, negligent hiring and negligent reference issues, employee privacy, and non-discriminatory interviewing practices.

We have conducted in-house investigations of Title VII claims including age, race and sex discrimination and hostile work place allegations. Based on our investigations, we have provided comprehensive assistance in the development of corrective action plans designed to eliminate potential liabilities.

We have successfully litigated claims at both the administrative and trial court level brought under Title VII, the Americans with Disabilities Act and the Family Medical Leave Act.

Contacts

Antitrust & Competition Client Services

McDermott Will & Emery

McDermott Will and Emery